John MacHibroda v. United States

Sixth Circuit

John MacHibroda v. United States

280 F.2d 379, 1960 U.S. App. LEXIS 4376

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 6, 1960

Docket14087

StatusPublished

Cited by2 cases

This text of 280 F.2d 379 (John MacHibroda v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John MacHibroda v. United States, 280 F.2d 379, 1960 U.S. App. LEXIS 4376 (6th Cir. 1960).

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Opinion

PER CURIAM.

This cause has been heard and considered upon appeal from the order of the United States District Court denying the motion to vacate sentences aggregating forty years, imposed for bank robbery.

We think District Judge Kloeb, 184 F.Supp. 881, acted with due discretion in the matter and that, upon the facts confronting him, he properly applied the doctrine of this court pronounced in Johnson v. United States, 6 Cir., 239 F.2d 698, 699, which was quoted by the district judge in his opinion. See, also, Sandroff v. United States, 6 Cir., 174 F.2d 1014. We think the instant case differentiates on its facts from Teller v. United States, 6 Cir., 1959, 263 F.2d 871.

The order of the United States District Court is affirmed.

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PER CURIAM.

This cause has been heard and considered upon appeal from the order of the United States District Court denying the motion to vacate sentences aggregating forty years, imposed for bank robbery.

We think District Judge Kloeb, 184 F.Supp. 881, acted with due discretion in the matter and that, upon the facts confronting him, he properly applied the doctrine of this court pronounced in Johnson v. United States, 6 Cir., 239 F.2d 698, 699, which was quoted by the district judge in his opinion. See, also, Sandroff v. United States, 6 Cir., 174 F.2d 1014. We think the instant case differentiates on its facts from Teller v. United States, 6 Cir., 1959, 263 F.2d 871.

The order of the United States District Court is affirmed.

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Bluebook (online)

280 F.2d 379, 1960 U.S. App. LEXIS 4376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-machibroda-v-united-states-ca6-1960.

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